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INDIAN CITIZEN (Research Scholar)     06 October 2013

Joint family and conjugal rights

Dear all members

 One of my freind is facing problem in his marital life. He is staying with his parents, as they are ageing and need support. his wife is not liking  her in-laws (parents of her husband). Sh has left the home and not ready to come back to home of husband. she has put the condition that when her in-laws will leave the home then she will come back home.

In this case what is the role of conjusl rights

Definition of  restitution of conjugal right says that 

" When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly."

Now a days , it has become a common practice that , wives are forcing husbands for leaving their parents,a nd consequently joint families are spiliting in to nuclear families.

here, it is dual issue, first the conjugal right of men and second, role of joint family in conjugal right,.

 

1. What is the meaning of Society here?

2. Whether the parents of husband also come in term "society"? becuase in India there is collective society, there is marriage between two families.

3. What are the conjugal rights of men ?

4. Is there any law that can prevent our joint family culture?

5. Kindly share some relevant judgements

Kindly give your valuable suggestion and opinions

With regards

Sincerely yours

Rajeev

2.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

A society here means the togetherness of husband and wife;  Parents of husband do not form part of society in this context but they become a member of the household;  a marriage is not between families but between two individuals; There is no law to prevent joint family culture, it is the trend of the new comers to the family that they opt for nuclear family; search law web for relevant judgments.

Samir N (General Queries) (Business)     06 October 2013

Ask your friend (or boyfriend) or whoever he is to file for divorce by filing for RCR (restoration of conjugal rights first). Wait for 2 years and divorce without alimony will be cake walk. Ask him to keep this strategy to himself and present to everyone that he desperately wants her back. In Court, etc.... he must simply say that he loves her, misses her and wants her back. Give no hint of plan to file divorce. Make many attempts in writing to get her back. 


Do not rush into filing divorce until 2 years of separation has passed. In the mean time, ask him to find himself a girlfriend, if he does not already have one. Ask him to enjoy life without this nagging wife. He will have 2 years to test this new girl-friend's character and excuse of not been able to marry her since he is not divorced yet. If he finds her acceptable, let him go for marriage after the divorce. If not, find another one. May be test two girl-friends at the same time. Why not? Continue this process until he meets a good potential-wife. Mean time, this separation-time of 2 years will pass by.


Moral of the story? Look at the silver-lining of every dark cloud... Domestic problems are actually blessings in disguise. Find ways to leverage them and enjoy life. Good Luck!!! 


(Guest)

1. What is the meaning of Society here?

 

Opinion: Society is social word derrived from the cause of civilization...but in marriage only husband and wife are termed as society to fulfill the conjugal obligation's.

 

2. Whether the parents of husband also come in term "society"? becuase in India there is collective society, there is marriage between two families.

 

Opinion: Two families are only termed as the agent to combine two heart's of two distinct s*x i.e male and female........

rest all depend's on the shoulder of husband and wife how they form the society after their marriage...

Here, the socity is divided by families and families are divided by husband's and wife and their children's...and so on......

 

3. What are the conjugal rights of men ?

 

Opinion: This is a very pathetic question asked by you because conjugal right's can't be define in a limited word's.


Wherea's I can only suggest you that the right's are the obligation's which are alway's claimed in term's of failure of such obligation's.

Here, you decide what can be the obligation's of wife that a husband can claim for such obligation's as his right's?

 

4. Is there any law that can prevent our joint family culture?

 

Opinion: HUF not even comes under any sort of contract's.

There is no Law specialy made to protect the culture of HUF. Here again i will opine the all depend's on the culture and the growth of a child as how he/she will carry forward the preffered culture of his/her family.

So,there is no boundation on one's feeling's or any one's thought in HUF.

 

5. Kindly share some relevant judgements

 

Opinion: But in your case if cruelities are of undoubtful nature by wife against you and your parent's then definately she will liable to break the harmony of family where you are bound to proetct your parent's in their old age.

I have posted several judgement's on mental cruelity  and even related to your case on this forum. If you wish you could take the refference or else search on the google.

INDIAN CITIZEN (Research Scholar)     08 October 2013

Dear All

The gist of all reply is one. The meaning of family in India is just Husband and Wife. The notion of collective culture and big role of  joints families are just unwritten. If there is horrific trend of breaking joint families, we are helpless. We are emphaising on couple and not on families. Kindly suggest me some Court judgements on Family protection

 

Regards


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